Facts

Mr. X., the husband, was declared sterile following surgical operations in 1944 and 1948. After his conditional release from a prison sentence in 1962, he learned from fellow inmates that these operations had likely rendered him sterile. He then contested the paternity of the twins C. and D., born in 1953 to his former wife. The court of first instance granted his request, but the decision was appealed.

Considerations

The Federal Court considered that the ordinary three-month deadline to contest paternity had been greatly exceeded. However, it held that the delay was excusable under Art. 257 para. 3 CC, as the husband had only been informed of his sterility after several years and had not had sufficient reason to doubt his paternity before. Although the husband took some time after his release to initiate the proceedings, the Court found this delay understandable given his particular situation.

Furthermore, the Court considered that the…